Andrew Nathan Worley, et al. v. Kurt S. Browning, et al.
Protecting Citizen Speech in Florida

Should the government have the power to regulate who can express their opinion during an election? Or to subject grassroots political activists to regulations that are so onerous, the U.S. Supreme Court has found them unconstitutionally burdensome even for corporations and unions?

Nathan Worley, Pat Wayman, John Scolaro and Robin Stublen—four political activists from around Sarasota, Fla.—talk  politics once a week as part of an informal political group.  But a proposed amendment to the Florida Constitution prompted them to stop talking and get involved in the 2010 election cycle.  

Thanks to Florida’s so-called campaign finance laws, that is far more difficult than it should be.  Under Florida law, any time two or more people join together to advocate the passage or defeat of a ballot issue, and spend more than $500, they become a fully regulated political committee.   

As a result, before they can even publish an ad, the group would have to register with the state and comply with a host of regulations the Florida Secretary of State admits are “complex,” and the U.S. Supreme Court recently called “burdensome” and “expensive” even for corporations and unions.  This includes appointing a treasurer, opening up a separate bank account, and tracking and reporting every single penny that goes through the organization.  

In other words, the government has created so much red tape that Floridians need to hire an attorney and accountants to cut through it if they want to speak without fear of breaking the law.

 

 

That is why on September 29, 2010, the Institute for Justice filed a federal First Amendment challenge to Florida's laws on behalf of Nathan Worley, Pat Wayman, John Scolaro and Robin Stublen. 

Along with that case, the Institute for Justice is releasing a new research report, Keep Out: How State Campaign Finance Laws Erect Barriers to Entry for Political Entrepreneurs, and will call upon all of the states that have similarly burdensome laws to repeal those laws and make the nation safe for all citizen speech.